Social and economic developments in South Africa have contributed to the increasing need for fragmented property holding, especially in urban areas. With the advent of the wider interpretation of property in terms of the new constitutional dispensation this need has been strengthened. The idea that individualised landownership forms the basis of the South African property concept has been gradually transformed by the reality that sectional titles, share blocks, property time-sharing and retirement schemes are essential forms of urban property holding.
This book provides an exposition of the idea of urban fragmented property holding in South Africa, with reference to the different forms of urban fragmented property schemes introduced by legislation. The functioning of the management bodies of these schemes and the nature and effect of management and conduct rules are emphasised to illustrate to what extent the idea of urban fragmented property holding has changed the property concept in the new constitutional dispensation in South Africa.
Relevant case law and new legislative developments are discussed comprehensively to indicate how fragmented property schemes are governed and how disputes regarding use rights of individual sections and the common property of such schemes are solved.